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Judge rejects challenge to Hawaii’s gay marriage law

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GEORGE F. LEE / GLEE@STARADVERTISER.COM
Judge Karl Sakamoto heard arguments today from Attorney General David Louis and Attorney Shawn Luiz on the matter of a summary judgment of same sex marriage.
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GEORGE F. LEE / GLEE@STARADVERTISER.COM
Rep. Bob McDermott listened as Hawaii Attorney General David Louis and Attorney Shawn Luiz presented their cases in a hearing this morning on a motion for a summary judgement on same-sex marriage in the courtroom of Judge Karl Sakamoto.
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GEORGE F. LEE / GLEE@STARADVERTISER.COM
Hawaii Attorney General David Louis, left, listened as the attorney for Rep. Bob McDermott, Shawn Luiz, argued against a summary judgement in favor of same-sex marriage in the court room of Judge Karl Sakamoto this morning.

A Circuit Court judge this morning granted the state’s motion for summary judgment and threw out state Rep. Bob McDermott’s legal challenge to the state’s gay marriage law.

Judge Karl Sakamoto ruled that the law, which took effect in December, is legal under both the state and federal constitutions. Sakamoto had previously denied McDermott’s request for a temporary restraining order and a preliminary injunction to block the law from taking effect.

Attorney General David Louie has argued that the state Legislature was within its power when it approved a gay marriage bill in special session last fall. Gov. Neil Abercrombie signed the bill into law.

Shawn Luiz, an attorney for McDermott, told the court that the Legislature needed to place another constitutional amendment before voters in order to change a 1998 constitutional amendment that gave the Legislature the power to restrict marriage to heterosexual couples.

McDermott, an Ewa Beach Republican who opposes gay marriage, said he would appeal the court’s ruling.

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